Chase Policy

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CEDAR RAPIDS POLICE DEPARTMENT

DATE OF ISSUE

AUTHOR PIN #

NUMBER

GENERAL ORDER
SUBJECT:

2/5/09

0115

0508-09
RESCINDS:

OPERATION OF POLICE VEHICLES
INDEX AS: References:

0508-08 Iowa Code Chapter 321

All Personnel

Police Department Operations Manual Chapter 4 - Operations

Section Number: Section Title: Most Recent Update: CALEA Reference:

4-2-1 Police Vehicle - High Speed Pursuits 1-29-09 41.2.2

I. POLICY A. The initiation of pursuit is justified when, in the officer’s judgment, a suspect exhibits the intent to avoid arrest using a motor vehicle to flee. Initially, the officer must determine if the necessity of immediate apprehension outweighs the level of danger created by the pursuit. This evaluation must continue throughout the course of the pursuit by the officer and his/her supervisor. All high speed pursuits will be conducted in strict accordance with Sections 321.231 of the Iowa Code and all emergency vehicles will utilize both audible and visual signaling devices when engaged in emergency situations.

Section Number: Section Title: Most Recent Update: CALEA Reference:

4-2-2 High Speed Pursuit Procedures 1-19-09 41.2.2

I. PURPOSE The purpose of this policy is to offer guidelines to officers, supervisors and dispatchers involved in vehicle pursuits to minimize the danger to the public, the officer and the pursued driver/passengers. The policy is also intended to place the ultimate control and continuation of a pursuit with the supervisor on duty while giving the involved officer continuous discretion to discontinue at any time. A. Initiation The pursuing officer must carefully consider the safety of persons and property before engaging in a pursuit. Some of the factors that should be considered when determining whether to initiate, continue or terminate a pursuit are:

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Time of day - high speed pursuits occurring during a time when there is a high level of activity (businesses, schools), are normally more hazardous than those occurring during periods of low activity. Volume of vehicular traffic - pursuits occurring during periods of heavy traffic flow are more hazardous than those occurring at other times.

2.

3.

Location of pursuit - Pursuits through residential areas or along streets near or adjacent to schools are normally more hazardous than those in lightly populated areas. Weather conditions.

4.

5. Road conditions. 6. Speed involved. 7. Nature of charges - Pursuits for people known or suspected of involvement in felonies are viewed as more justifiable than those for persons suspected of traffic or other misdemeanor violations. 8. The condition of the police vehicle should be considered. 9. Consideration should be given to the driving skills of the pursuing officer. 2

10. Can the offender be identified? B. Pursuit Decision Matrix Officers will use the following Pursuit Decision Matrix as guidance in determining whether to initiate or continue a pursuit. It is a guide designed to assist the officers in their use of discretion and will be followed. The degrees of risks are defined as follows: 1. LOWER RISK a. Marked vehicles b. Straight roads, good surfaces, clear line of sight c. Few intersections d. Few or no pedestrians e. Good weather f. No hazardous maneuvers by violator

g. Officer is calm and in control 2. MODERATE RISK a. Some intersecting streets (i.e., residential area) b. Light pedestrian traffic c. Moderate traffic, little congestion d. Officer generally calm, under control e. Some hazardous, but not extreme, maneuvers (i.e., crossing center line to pass vehicles, sudden lane changes) by the violator 3. HIGH RISK a. Frequent intersecting streets (i.e., a business district) b. Poor weather, slippery streets, low visibility c. Blind curves, intersections, narrow streets, or areas that are unfamiliar to the officer d. Numerous pedestrians e. Heavy, congested traffic f. Speed twice the posted speed limit

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g. Extremely hazardous maneuvers (i.e., driving against oncoming traffic, failing to stop for red lights) by the violator h. Numerous law enforcement vehicles in pursuit i. Officer excited, not in full control of emotions j. Special circumstances (i.e., school zones, hospitals, etc.) NOTATION: The courts have decided that the officer will be judged from the perspective of a reasonable officer on the scene (Graham V. Conner). With this in mind, officers should give serious consideration to all of the factors before deciding to initiate a pursuit and continue to evaluate the need to pursue versus terminating the pursuit. An officer will not be disciplined for their failure to pursue. Discretion is the better part of valor. C. Notification When a motor vehicle pursuit is initiated, it will be immediately reported to the dispatcher by the pursuing officer. The initial information will include: 1. The reason for the pursuit. 2. The location, speed and direction of travel. 3. The description of the fleeing vehicle, including license plate number. 4. The number of occupants and description of occupants if observed. 5. The officer will update the information as it becomes available or changes. D. Communication Center Responsibilities 1. Communications during a pursuit is vital to the safe apprehension of the offender as well as the officers involved and general public. The communications center will have the following responsibilities: a. Contact surrounding agencies and advise them of the pursuit. We do not encourage involvement of other agencies in the pursuit other than for perimeter control and assistance in attempts to identify the violator unless specifically requested otherwise. b. Coordinate the communication with other Cedar Rapids Police Officers and keep all personnel up to date on the pursuit. c. Ensure that the watch commander/supervisor is aware of the pursuit and is monitoring its progress. E. Supervisory Responsibilities 4

1. Supervisors will assume control of all pursuits. This can be accomplished as the secondary/back up car or through radio communications. Supervisors will monitor all pursuits and approve any special tactic that will be used, i.e., stop sticks, etc. 2. In the event the supervisor is the officer that initiated the pursuit, he/she may continue or relinquish that position as soon as another car becomes available. 3. The supervisor’s foremost thoughts should be safety, methods of identifying the fleeing vehicle, tactics to stop the fleeing violator, and coordination of all officers. 4. The supervisor will order the termination of the pursuit when, in his judgment, the necessity of apprehension is outweighed by the level of danger created by the pursuit. F. Pursuit Tactics NOTE: Pursuit at high speeds under the best of conditions is an extremely dangerous situation. Any tactic contemplated when high speed is involved, requires advance planning, taking into consideration all of the factors surrounding the incident at hand. Safety is always the foremost factor to be considered. The following are some possible alternatives to consider in stopping the fleeing vehicle: 1. Consider alternatives, through radio communication and the assistance of other police officers. A determination should be made as to whether the offender can be identified and apprehended later. 2. Use STOP STICKS as trained. G. Specialized Police Vehicles 1. Officers operating unmarked vehicles, equipped with visual and audible signaling devices, may engage in pursuits only when the fleeing vehicle presents an immediate threat to persons and then only until a marked unit is available to assume the pursuit, at which point the unmarked will withdraw and serve only in a support role. 2. Police vehicles without emergency equipment, i.e., visual or audible signaling devices, high profile vehicles, SUV’s, vans, and pick-up trucks, WILL NOT ENGAGE IN PURSUITS. In those cases where the fleeing vehicle presents an immediate threat of death or serious injury, they may participate in a support role until properly equipped police units arrive.

H. Following the Fleeing Vehicle 1. All units will be spaced in such a manner to allow time to react to evasive maneuvers of the fleeing vehicle or another police vehicle. Officers will not pursue the fleeing vehicle the wrong way on interstate 5

or controlled access roadways unless specifically authorized to do so by a supervisory officer. There will be no paralleling of a pursuit. I. Stop Sticks 1. All marked Cedar Rapids Police units are equipped with STOP STICKS. All Officers will be trained on how to use the Stop Sticks via the companies training video during their Field Training assignment and must show to their Field Training Officer in a simulated pursuit how to assemble and deploy the Stop Stick. 2. The three (3) foot sections are comprised of steel quills and spike tips as well as a thirty (30) foot cord and reel. Stop Sticks are designed to be used on vehicles with four or more wheels only and are to be deployed on paved (concrete or blacktop) surfaces only. The Stop Stick can be deployed in one of two ways. (a) If time does not allow for connection of the three (3) Stop Sticks, simply lay the three Stop Sticks end to end across the avenue of escape as the target vehicle approaches.

(b) When time allows, connect the three (3) Stop Sticks end to end. Place them across the avenue of escape, creating one (1) nine (9) foot unit of sticks. Stop Sticks can also be assembled adjacent to the open lane with the cord line as the target vehicle approaches. DO NOT wrap the cord reel line around any part of your body at any time. Once the unit is connected, do not pick the unit up without first disassembling the three sticks. The unit can be moved by pulling the entire nine (9) foot stick with the cord reel. The officer deploying the Stop Stick will inform the pursuing officers that the Stop Stick has been deployed and will give the location of such deployment. The deploying officer will also turn on all overhead (red and amber flashing) lights to visually designate the area in which the Stop Sticks are deployed. The officer will position himself in a safe location away from the point of contact between the target vehicle and the deployed Stop Sticks. After the Stop Stick has been hit and deformed by a vehicle, it is no longer fully functional and should be replaced. If the vehicle does not pass through the deployed area or strike the stop stick, the Stop Stick can be reused. THE STOP STICK IS NOT TO BE DEPLOYED ON A CURVE. THEY ARE NOT TO BE USED AGAINST ANY TWO OR THREE WHEELED VEHICLES. 6

J. Firearms 1. Except under the following circumstances, shooting from or at a moving vehicle is prohibited (The Code of Iowa, section 704): (a) When an occupant of the fleeing vehicle is utilizing deadly force against the police officer or other persons. (b) As a last resort to prevent death or substantial harm to the officer or other persons. (c) As a last resort to apprehend a felon who has just committed a felony resulting in death or substantial injury. 2. The discharge of firearms will not be utilized when the circumstances do not provide a high probability of striking the intended target or when there is a substantial risk to the safety of other persons, including risks of causing vehicle accidents. K. Number of Pursuit Vehicles 1. The pursuit should be limited to two vehicles, a primary unit and a secondary unit. Other officers will be kept informed of the pursuit and should be in a position to assist if the pursuit enters their area of responsibility. There will be no paralleling of a pursuit, or caravan of police vehicles attempting to join the pursuit and there will be no attempt by officers to pass other units involved in the pursuit unless permission is given by the supervisor in charge of the pursuit. 2 Secondary Unit Responsibilities (a) Assistance will be coordinated by communication personnel under the direction of a supervisor. The supervisor and primary unit will be advised of the identity and location of backup units who can assist. (1). The active pursuit will normally involve not more than two units: the primary unit and one backup unit. If more assistance is specifically requested the amount will be determined by: i. Nature of offense, ii. Number of suspects, iii. Whether the participating units have more than one officer, iv. Other clear and articulated facts that would warrant the increased hazard. (2). The secondary unit, upon joining the pursuit, shall immediately notify communications of its identity. If the primary is a one-man unit, the secondary unit may assume radio communications 7

responsibility, allowing the primary unit to devote full attention to driving.

(3). The secondary unit will maintain a safe distance behind the primary unit, but be close enough to render backup assistance if and when required. (4). Secondary units shall, at all costs, avoid intersecting the path of an oncoming high-speed vehicle. (5). If the primary unit becomes disabled, the secondary unit will become the primary unit. Communications will advise the watch supervisor and other units that a new backup unit is needed, and the next unit to join the pursuit will be designated the secondary unit. L. Pursuit Intervention Technique (P.I.T.) [THE CEDAR RAPIDS POLICE DEPARTMENT WILL NOT DEPLOY THE P.I.T. TECHNIQUE. Definition: P.I.T. is defined as when an officer intentionally makes contact between the patrol car and the fleeing car. The officer will use either front fender of the patrol car against the opposite rear fender of the fleeing vehicle and then turning the patrol car into the fender of the fleeing vehicle. This action will cause the fleeing car to enter a slide or spin in an attempt to cause the driver to lose control of the vehicle, ending the chase. NOTE: Officers of the Cedar Rapids Police Department will not initiate any vehicle contact at all unless the officer can clearly articulate the justification to utilize deadly force.

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PURSUIT DECISION MATRIX

REASON FOR PURSUIT

LOW RISK

MODERATE RISK

HIGH RISK

Violent FelonyImminent Threat

May Pursue Continue to Assess Risk

May Pursue. Continue to Assess Risks

May Pursue. Discontinue if Risks Exceed Known Threat to Public Safety if Capture is Delayed

Felony-Violent Crimes

May Pursue Continue to Assess risk

May Pursue. Continue to Assess Risk.

May Pursue. Discontinue if Risks Exceed Known Threat to Public Safety if Capture is Delayed

Felony-Property Crimes

May Pursue Continue to Assess Risk

May Pursue. Continue to Assess Risk

Discontinue or Do Not Pursue

Misdemeanors, May Pursue and Traffic Violations that are Continue to Assess Risk Safety Related.

Discontinue or Discontinue or Do Not Do Not Pursue Pursue

Minor Infractions Do Not Pursue Do Not Pursue Do Not Pursue That Are Not Safety Related

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Section Number: Section Title: Most Recent Update: CALEA Reference:

4-2-3 Termination Of Pursuit 1-20-09 41.2.2

I. POLICY A. Pursuit will be terminated under any one of the following reasons 1. A supervisor or higher authority orders the pursuit terminated. 2. In the opinion of the officer or supervisor, the danger to the officers or others in the area outweighs the necessity for immediate apprehension. 3. The offense is a traffic infraction, misdemeanor or other non-violent felony and the violator is known. 4. Visual contact is lost or the distance between the officer and the pursued vehicle is so great further pursuit is futile. 5. The pursuing officer believes the fleeing vehicle is being operated by a juvenile and the offense constitutes a traffic infraction, misdemeanor or non-violet felony. 6. When there is an equipment failure involving the emergency lights, siren, radio, brakes, steering or other essential mechanical equipment. B. While not necessarily dictating immediate action, serious and continuing consideration should be given to termination of a pursuit under the following conditions: 1. Environmental factors such as rain, fog or darkness substantially increase the danger of the pursuit. 2. Road conditions are congested by traffic or pedestrians, such as at rush hour or in the area of any school.

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Section Number: Section Title: Most Recent Update: CALEA Reference:

4-2-4 Reporting 1-20-09 41.2.2 / 41.2.3

I. POLICY A. The pursuing officer and shift supervisor will forward a written report detailing the pursuit to the Division Commander before completing their tour of duty. B. The supervisor of the unit initiating the pursuit shall be responsible for submission of a written analysis and critique of the pursuit through the chain of command to the Chief of Police. The report should include the following: 1. Evaluation of the circumstances involved; 2. Initiating officers performed their responsibilities outlined in 4-2-1; 3. Any designated secondary unit(s) and their compliance to 4-2-1; 4. Did the dispatcher(s) perform his responsibilities outlined in 4-19-5 (K); 5. Did the supervisor perform their responsibilities outlined in 4-2-1; 6. Was force used to stop the vehicle, i.e., stop sticks, firearm, etc; 7. Were procedures followed specifying when to terminate pursuit outlined in 4-21; C. The Professional Standards Unit conducts an annual, documented analysis of those reports as required by this section. Police Staff will review the pursuits for the year with the intent of analyzing the policy, identifying training needs, and improving safety.

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Section Number: Section Title: Most Recent Update: CALEA Reference:

4-2-5 Inter-Jurisdictional Vehicle Pursuits 1-20-09 None

I. POLICY A. To establish a common ground on inter-jurisdictional pursuits that is agreeable to the participating agencies when traveling from boundary to boundary. B. The agencies included are: Linn County Sheriff’s Department, Marion Police Department, Robins Police Department, Hiawatha Police Department, Iowa State Patrol. II. PROCEDURE A. The agency initiating the pursuit should be the primary car; preferably the 2nd car is from the jurisdiction being entered. B. Dispatch will be notified immediately and provided with suspect and vehicle description along with any known charges. C. The agency initiating the pursuit will ensure that a linking channel is used so pursuing agencies will have communications throughout the event. D. The jurisdiction being entered has the option to choose whether or not to participate in the pursuit. This would not preclude the originating agency from continuing. E. The role of jurisdiction being entered is that of a support role – i.e. blocking busy intersections, stop sticks. F. The employee, regardless of where the pursuit takes them, will abide to the pursuit policy of their jurisdiction. G. The decision to use the PIT maneuver is based solely on the supervisory discretion of the originating agency (CEDAR RAPIDS POLICE DEPARTMENT WILL NOT USE THE P.I.T.). H. No more than one vehicle and/or one supervisor directly involved in pursuit regardless of agencies involved. 12

I. The communication center that starts the pursuit would continue with all transmissions on a Linking channel and have the option to pass the chase to another center as the pursuit moves further away. It is well understood that these are general guidelines and are subject to change based upon mitigating circumstances such as; weather, type of crime, supervisory oversight, threat of public harm, and so on. J. Pursuits originating by Cedar Rapids police which continue into other jurisdictions beyond City limits; 1. Will receive a supervisor’s permission prior to leaving the City limits, 2. Will not continue the pursuit beyond the State of Iowa’s borders, 3. Will not continue the pursuit when radio communications with Cedar Rapids Dispatch are lost

BY ORDER OF:

___________________________________ GREG GRAHAM CHIEF OF POLICE DISTRIBUTION: CODE B

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